In determining whether a mark infringes on a registered trademark, which of the following factors would the court be least likely to consider:

A) The similarity of the products or services in issue.
B) The similarity of the two marks.
C) The sophistication of consumers.
D) The intent of the defendant to palm off its product as that of another.
E) The market share of the plaintiff and defendant.

Question

Hallie Brown · Accepted Answer

Final Answer : E, Explanation :  The market share of the plaintiff and defendant is generally less relevant in determining trademark infringement, which focuses more on the likelihood of confusion among consumers regarding the source of the goods or services.

Definitions

Learning Objectives

Learning Objectives

Related questions